Woolgar v O'Neill [2001] FCA 1149

Woolgar v O'Neill [2001] FCA 1149

Rule 53A was validly certified and, properly construed, required the Victorian Branch Secretary to take all necessary steps within her power to cause the prescribed payment to be made, while requiring the trustees to sign necessary cheques or instruments notwithstanding any inconsistent operation of other rules. The rule did not impose conflicting or impossible duties, was not based on an assumption that capitation fees were already legally payable, and was not oppressive, unreasonable or unjust having regard to the Union's established practice, the fact that the Branch had collected or received the contributions, and the objects of the Workplace Relations Act 1996 (Cth) concerning...

Jurisdiction
Australia
Judgment Date
23 August 2001
Procedural Posture
Industrial Law Application Under S 209(1) of the Workplace Relations Act 1996 (cth) for Directions for Performance or Observance of Union Rules / Final Judgment and Orders
Outcome
Application granted; directions made for performance of r 53A and no declaration made that the rule contravened s 196(c).
Legal Topics
['registered Organisation Rules' 'capitation Fees' 'directions for Performance or Observance of Organisation Rules' 'oppressive, Unreasonable or Unjust Rules' 'construction of Union Rules']
['industrial Law'] ['registered Organisation Rules' 'capitation Fees' 'directions for Performance or Observance of Organisation Rules' 'oppressive, Unreasonable or Unjust Rules' 'construction of Union Rules']

Case Brief

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Procedural Posture

Industrial Law Application Under S 209(1) of the Workplace Relations Act 1996 (cth) for Directions for Performance or Observance of Union Rules / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether r 53A of the Union's registered Rules required the Victorian Branch Secretary and trustees to cause payment to the National Council of an amount equal to 20% of contributions collected or received between 1 April 2000 and 31 December 2000." 'Whether r 53A imposed conflicting or impossible duties on officers or trustees of the Victorian Branch.' 'Whether r 53A imposed conditions, obligations or restrictions on members that were oppressive, unreasonable or unjust within s 196(c) of the Workplace Relations Act 1996 (Cth).' 'Whether relief under s 209(1) of the Workplace Relations Act 1996 (Cth) should be withheld as a matter of discretion.']

Ratio Decidendi

Rule 53A was validly certified and, properly construed, required the Victorian Branch Secretary to take all necessary steps within her power to cause the prescribed payment to be made, while requiring the trustees to sign necessary cheques or instruments notwithstanding any inconsistent operation of other rules. The rule did not impose conflicting or impossible duties, was not based on an assumption that capitation fees were already legally payable, and was not oppressive, unreasonable or unjust having regard to the Union's established practice, the fact that the Branch had collected or received the contributions, and the objects of the Workplace Relations Act 1996 (Cth) concerning...

Court Disposition

Application granted; directions made for performance of r 53A and no declaration made that the rule contravened s 196(c).

Orders

  • ['The first respondent take all steps, within her power, necessary to cause to be paid out of the funds of the Victorian Branch of the Textile Clothing and Footwear Union of Australia to the applicant, on behalf of the National Council of the Union, an amount equivalent to twenty per cent of all contributions, other...